03. 08. 2011

ANEM SUPPORTS COMMISSIONER'S DEMAND

Belgrade, August 3, 2011 - The Association of Independent Electronic Media supports the demand of the Commissioner for Information of Public Importance and Personal Data Protection, who has asked the Ministry of Culture, Media and Information Society to extend the deadline for completion of the public debate on the proposed Rulebook on Technical Requirements for Equipment and Program Support for Legal Interception of Electronic Communication and Storage of Electronic Communication Data. The Ministry had previously announced that the public debate would last only until August 4.

ANEM reminds that the Commissioner and the Ombudsman submitted, back in end September 2010, a Proposal for Assessment of the Constitutionality to the Constitutional Court in relation to the Law on Electronic Communications among other legislations, and, more specifically, with regard to its provisions on interception of electronic communication and storage of electronic communication data because they envisioned the possibility of suspension of confidentiality of communication even without a court order, which is explicitly stipulated in the Constitution.

The way too extensive authority over interception of electronic communication and unclear rules on who and under what conditions is allowed to access the electronic communication data stored by operators constitute a threat to human rights, especially with regard to the right to freedom of expression, since they limit the right of the media and journalists to, among other things, efficiently protect the confidentiality of their sources.

Adoption of any bylaws that constitute an extension of the legal provisions, whose constitutionality is questioned by the Commissioner for Personal Data Protection and the Ombudsman, especially during summer, when the attention of the public is reduced, and after a short public debate, is in itself a serious reason for concern. Therefore, ANEM supports the demand made by the Commissioner, Rodoljub Sabic, and urges the Ministry of Culture, Media and Information Society to extend the deadline for completion of the public debate, to invite representatives of the academic community, the media, the civil society and electronic service providers to participate in the debate, and to modify the provisions from the proposed Rulebook that opens space for possible serious violations of human rights and which has been justifiably criticized by the Commissioner, in a way that would harmonize them with the highest international standards on protection of these rights.

ANEM President, Sasa Mirkovic